Agreement To
Lease Of Land For Construction Of House
THIS AGREEMENT to lease made at
............ on this .............. day of ................... 2000, between A,
son of ........................ resident of .............................
hereinafter referred to as "the lessor" of the ONE PART and B, son of
.................... ....... resident of ..................................
hereinafter referred to as "the Lessee" of the OTHER PART.
WHEREAS the Lessor is absolutely
seized and possessed of or otherwise well and sufficiently entitled to the
piece of land bearing Plot No. .................situated at ..................
more particularly described in the Schedule hereunder written; and hereinafter
referred to as the "said premises".
AND WHEREAS the Lessee has requested
the Lesser to grant lease of the said premises for construction of a house
thereon which will be used for his residential purpose or for letting out for
residential purpose.
AND WHEREAS the Lessor has agreed to
grant lease of the said premises on the terms and conditions hereinafter
appearing.
NOW THESE PRESENTS WITNESS and the
parties hereby mutually agree as follows:
1. The Lessor agrees to demise
to the lessee and the Lessee agrees to take on lease the piece of land bearing
Plot No. .................. situated at ............................ ( more
particularly described in the Schedule hereunder written ), for a period of 99
years at a yearly rent of Rs .................. to be paid in advance from the
date of the Deed of Lease. The lessee shall also be liable to pay the taxes,
assessment dues and duties payable in respect of the said premises and the
building constructed thereon to the Municipal Corporation of ..................
Government of ................ or any local or other authority.
2. The Lessor shall make out
clear and marketable title to the said premises free from all encumbrances,
mortgage, charge, lien, claims or reasonable doubts.
3. The Lessor shall produce or
cause to be produced to the Lessee or his Advocate the documents of title in
his possession or power in a respect of the said premises for investigation of
title to the said premises.
4. The Lessee's Advocate shall
send requisition on title to the said premises to the Lessor or his Advocate
within one month from the date of production of the title deeds for inspection,
failing which the Lessee will be deemed to have accepted the title of the
Lessor of the said premises.
5. The Lessor shall grant lease
within one month of lessor making out a marketable title as aforesaid or the
lessee accepting the title of the lessor.
6. The Lessor shall complete the
transaction of lease within a period of three months from the date hereof and
shall hand over the vacant possession on the date of completion of the said
premises to the lessee.
7. The lessor shall pay all
taxes, assessments, dues and duties payable in respect of the said premises
upto the date of completion of the lease.
8. The Lessee shall bear the
stamp duty, registration charges and other expenses in respect of the Deed of
lease. The Lessor shall bear and pay all other costs incurred by him including
his Advocate's fees.
9. If any permission or no
objection certificate is required to be obtained from the Government or local
authority for granting the lease of the said premises, the Lessor shall obtain
the same at his own costs.
10. If the lessor fails to complete
the transaction within the stipulated period or to make out marketable title to
the said premises, the lessee will have the option to cancel this Agreement by
one month prior notice to the Lessor. If the Lessee fails to complete the
transaction, the lessor may cancel this agreement by one month prior notice to
the lessee to that effect.
IN WITNESS WHEREOF, the parties have
put their respective hands, the day and year first hereinabove written.
Signed and delivered by the within
named lessor
Signed and delivered by the within
named Lessee
WITNESSES;
1.
2.
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